Husband left - should he pay half of mortgage as well as child maint

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chiefie
chiefie Posts: 406 Forumite
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This has happened to someone close. She cant get a mortgage on the property that she and her kids live in till she has proof of income - including uc and child maintenance. She works but on min wage and no work term time. This will take 6 months. Should the husbands pay half the mortgage at this time as he will benefit from the equity when she takes her mortgage out ?

Sorry if this is the wrong place to post
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  • poppy12345
    poppy12345 Posts: 17,950 Forumite
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    chiefie wrote: »
    This has happened to someone close. She cant get a mortgage on the property that she and her kids live in till she has proof of income - including uc and child maintenance. She works but on min wage and no work term time. This will take 6 months. Should the husbands pay half the mortgage at this time as he will benefit from the equity when she takes her mortgage out ?

    Sorry if this is the wrong place to post
    If they are no longer together then why would he want to take out a mortgage with her?
  • Lanzarote1938
    Lanzarote1938 Posts: 694 Forumite
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    I expect they already have a joint mortgage and wife needs to take out a sole one.
  • elsien
    elsien Posts: 32,734 Forumite
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    Depends what is affordable - he will have rent and living costs as well.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • poppy12345
    poppy12345 Posts: 17,950 Forumite
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    Lanzarote1938 wrote: »
    I expect they already have a joint mortgage and wife needs to take out a sole one.
    Which is why posting on behalf of someone else is never a good idea... people always give the wrong information.
  • chiefie
    chiefie Posts: 406 Forumite
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    poppy12345 wrote: »
    Which is why posting on behalf of someone else is never a good idea... people always give the wrong information.

    Ahem 😱

    She can’t take a mortgage out for 6 months. She needs proof of income as she no longer has his income.
    Putting house up for sale will probably take longer to sell than her waiting the 6 months when she could buy him out
    I am asking if he should contribute towards the mortgage only because if he doesn’t he would benefit from the increased equity when she buys him out. Not asking moral opinions just if there is a precedent or legal expectation anyone knows about. All want to play by the rules - just not sure what they are ✅
    I know he would need money to rent but his children need to maintain their roof too. And uc is slow and difficult to navigate and so debts are piling up.
  • elsien
    elsien Posts: 32,734 Forumite
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    There isn't a definitive "should" because it depends on the people concerned, and the individual circumstances.
    She has the option of suggesting mediation or seeing a solicitor, depending on how amicable or otherwise things are.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    chiefie wrote: »
    This will take 6 months. Should the husbands pay half the mortgage at this time as he will benefit from the equity when she takes her mortgage out ?

    Can he afford to pay CM, the mortgage and all his own bills?
  • cantcope
    cantcope Posts: 1,886 Forumite
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    Whether he should or not is a moral question.
    She cant make him pay anything if he doesn't want to. If the mortgage doesn't get paid then the mortgage company will repossess unless she buys him out.
    If it's a joint mortgage they are both liable to pay for it but legally he doesn't have to pay anything towards it if he cant afford it or doesn't want to.
    Last bet : 26th Oct 2006:j Debt free 25th Feb 2008:j Living "my" dream:T
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    edited 20 July 2019 at 8:13PM
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    OP your friend needs legal advice on this not secondhand help from a forum that isn't aware of all the facts.
    The only comment worth making is that she might not get a mortgage at all while working part time on min wage, i'm not sure lenders would count uc and child maintenance as income, unless there is a lot of equity in the property.
  • Voyager2002
    Voyager2002 Posts: 15,284 Forumite
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    chiefie wrote: »
    Ahem 😱

    She can’t take a mortgage out for 6 months. She needs proof of income as she no longer has his income.
    Putting house up for sale will probably take longer to sell than her waiting the 6 months when she could buy him out
    I am asking if he should contribute towards the mortgage only because if he doesn’t he would benefit from the increased equity when she buys him out. Not asking moral opinions just if there is a precedent or legal expectation anyone knows about. All want to play by the rules - just not sure what they are ✅
    I know he would need money to rent but his children need to maintain their roof too. And uc is slow and difficult to navigate and so debts are piling up.


    Legally, if the mortgage is currently a joint one then they are both liable to pay it, and the lender could (and would) pursue either or both of them for payment if there were any default.

    If he were to pay (part of) the mortgage for a property in which he can no longer live, then that should be reflected in an increased amount when she buys him out or when the equity in the house is divided in whatever way is appropriate. Alternatively, money he spends meeting their housing costs could be deducted from his child maitenance.
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